What are The Property Rights of the Daughter? Check Supreme Court Rules!

What are The Property Rights of the Daughter? Check Supreme Court Rules, After the Supreme Court's signpost judgment on 11 august 2020, now the daughter has equal rights like the son on his father's property. Whether the father is alive or not, under the Hindu Succession Act 2005, the daughters will have the right on his father's inheriting including money, property, house, etc.

In 2020, the court clearly stated the daughter's rights that did not mean in past years. Supreme Court also announced that if father was not alive when the Hindu succession Act 2005 introduced. It doesn't mean the daughter has no rights to his father's property. She has right from her birth like his son.

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The Hindu Succession Act 2005 has now broadened in 2020 and grant the status that the daughter is born before 2005 or after 2005 they have the right to take a share of his father's liabilities. Supreme Court also declared that the earlier registered settlements would not be reopened.

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What is the Hindu Succession Act 2005?

Hindu Succession Act 2005 is an improvement of the Hindu Succession Act 1956. This is a revised act by the president of India in 2005, and it comes into effect on 9 September 2005. The motive of changing and introducing this Hindu Succession Act 2005 is to eliminate gender inequality among people and families.

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This was a revolutionary step taken by the president of India and allows them to live with pride and no gender discrimination. If we compare today's time with the past 20 years, females have achieved higher standards and do everything just like men.

With Hindu Succession Act 2005, Supreme Court had given an outstanding judgment by remembering women's rights in India. A daughter always remains the same throughout her life, but a son will be yours until he gets married. The fundamental differences tremendously approach the act and remove gender inequality.

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What are the Features of the Hindu Succession Act 2005?

The ultimate goal of the Hindu Succession Act 2005 is to remove gender inequality and increase the rights of women in India. Now the girl child has equal rights on his father's inheritance. The Supreme Court revised Hindu Succession Act 2005 in 2008 and came with the best decision that supports the girl child. They also said anyone could benefit from this right, but the father should be alive on 9 September 2005.

The Supreme Court also announced that this rule would be applicable for anyone, doesn't matter father is alive or not.

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What are the rights of daughters on the property after 2005?

The Indian judiciary continues taking significant steps to make laws more women-friendly. One of the strongest examples settled by the Supreme Court is the revised Hindu Succession Act 2005. On 11 August 2020, Rakesh Sharma and Vineeta Sharma and three-judge benches declared daughters and sons both have equal rights on their father's property.

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The Supreme Court clarifies their statement in two points, have a look below.

1. The coparcenary rights of daughter come by birth.

2. To claim the property right, the father should be alive when the Hindu Succession Act 2005 passed and in effect.

Who is Coparcener?

Under Hindu Succession Act 2005, the two categories were introduced in HUF that are coparcener and members. Before the 2005 act, daughters were considered members, and they have no legal rights on their father's property. At the same time, Male was considered as coparcener who has rights to their father's will.

With the Supreme Court's statement in august 2020, son and daughter will be considered coparceners. While members in HUF are as follows:

• A person who is born into the family.

• Grandchildren

• Mothers and daughters have the rights to get a share

• Married daughters

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What are the proper rights of married daughters?

If you are married, it doesn't mean your right will no longer be in your father's will. Married daughters have the right to gets a share of their father's property. In case the daughter is not alive, so their children have the right to get her share.

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On the other hand, the daughter has no right to gift her share under the HUF when she is alive. But she will be able to give her share to HUF property according to her wish. Further, daughters have the right to ask for their share even after their marriage as sons.

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